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Sun Feb 12 2017 20:17:49

eBay Seller Successfully Fights False VeRO Claim

By: Ina Steiner

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Sellers of legitimate goods acquired in a legitimate manner can face false accusations nevertheless, and when selling goods on marketplaces like eBay and Amazon, can have their listings pulled.

Alibaba blogged last week about the problem it faces when brands use third-party firms to monitor its marketplaces for fakes. "Many of the agencies operate legitimately, monitoring platforms and using authorized notification channels to lodge complaints and takedown requests for fake products," it said.

But "others have resorted to grayer measures when they suspect an IPR violation."

So what's a small seller to do? A reader wrote last week about a complaint they received through eBay's VeRO program in which Dewalt accused them of using their image illegally.

The seller said they had used their own photo, and sent several emails to the email address listing in the eBay notification email - but Dewalt never responded.

The seller did some research and found some websites on how to fight the false complaint - here's the process they followed as a result of their research: 

1) Do not do this if you used their image. Admit you made a mistake and take your own photo next time otherwise you could be sued in federal court.

2) Send an email using your eBay email address to rswebhelp@ebay.com and vero@ebay.com to request a counter-notice. Be sure to include your eBay account name and the item number of the listings that was affected.

3) Goto How eBay protects intellectual property (VeRO) , then click "I think the rights owner made a mistake in reporting my listing" and then click contact us and fill out the information.

4) eBay will email you a counter notice. Fill it out and fax it in.

5) eBay will send you a confirmation that they received it.

6) In about 10 days, assuming the company does not respond, eBay will send you a listing reinstatement link in an email.

7) Bam! You won. The company cannot file a VeRO complaint again on that item.

"This actually worked for me," the seller wrote. "I am upset that this information is not included in the eBay email, but bottom line, if you used your own image and are falsely accused, there is a way to fight back." The seller urged others to learn more and pointed to information provided on the TabberOne.com website.

What do you think of this seller's advice - and feel free to share your stories here about the challenges of fighting false IP claims.

Comments (9) | Leave Comment | Permalink
Readers Comments

eBay Seller Successfully Fights False VeRO Claim   eBay Seller Successfully Fights False VeRO Claim

by: TomH This user has validated their user name.

Sun Feb 12 21:25:31 2017

Good, claps hands, for the seller.
The Tabberone site has a lot of good information and has fought the Vero battle a number of times and mostly has won.

eBay Seller Successfully Fights False VeRO Claim   eBay Seller Successfully Fights False VeRO Claim

by: Oh Really? This user has validated their user name.

Mon Feb 13 01:04:48 2017

False Vero claims are very easy to overturn (same applies to any type of false claim issued under the DMCA be it on eBay, Amazon, Etsy or your own website).

I've experienced many Vero takedowns over the years....only one was a blatent false claim unfortunately.

There is also a Step 8, write to your representatives in Washington and tell them you want to see sanctions imposed on those who abuse the DMCA system with their computer generated false claims, threats and extortion attempts.

eBay Seller Successfully Fights False VeRO Claim   eBay Seller Successfully Fights False VeRO Claim

by: pace306 This user has validated their user name.

Mon Feb 13 09:04:51 2017

Most eBay VERO take downs are fake news.

VERO was designed to get eBay "off the hook" if theres a complaint and the rules eBay created (after they got SPANKED in the Vitton trial for allowing fakes onsite) were designed to (once again) but the burden on the seller.

If theres a TRUE Copyright/Trademark issue then by all means - fine. Im %101 against fakes, knockoffs and "similarities inspired by the original" (is that how eBay colored its Pan Am knockoffs?)

The issue is that the VERO complaint can and usually does say ANYTHING a company wants it to - whether it makes sense or is even legal or not.

eBay who NEVER has the sellers back, just sits there, nods, and takes money via verowatch.com.

After all, if you cant screw your sellers, why get up in the morning?

Ive had people try and VERO me and say the DUMBEST things "we dont recognize seller XXX, therefore EVERYTHING he sells must be fake!" .... Oh really? On what planet?

I had a company that tried to VERO me and used Wikipedia as a legal reference!

All of my VERO takedowns could be disproved by a 6th grader, all while eBay sat there and said to me IN EMAILS such DUMB things.

Ive even had eBay sit with me on the phone WHILE I LISTED an item, had them check it after it was completed, only to have it taken down AGAIN 2 hrs later with the same complaint ... Doesnt Trust & Safety know the rules? Doesnt VERO understand english?  (hint: they dont - they are bafoons").


Glad you won one - way to go =)

Its about time the good guys won on eBay!  

eBay Seller Successfully Fights False VeRO Claim   eBay Seller Successfully Fights False VeRO Claim

by: Bidonmine This user has validated their user name.

Mon Feb 13 09:44:44 2017

I had a Vero take down for two books because the company that made the software included with the book felt I should not be able to resell the books with the software (these were new books with sealed disks).
The person claiming Vero (a troll company working for the mfgr) refused to work with me (the emails were nasty).
So, I obtained the address for the company that published the book and the Software and I emailed the CFO and CEO of both companies. I received a call from the Software-CEO the next day who apologized and said he would take care of it. I received the clearance from Ebay the next day (I also received an email from the book-publisher with the same assurance)

eBay Seller Successfully Fights False VeRO Claim   eBay Seller Successfully Fights False VeRO Claim

by: mcposty This user has validated their user name.

Mon Feb 13 10:54:39 2017

Ebay and amazon are not good trading partners with their sellers. Axe them both. Take your business elsewhere. Let them be alibaba and have only China sellers left.

eBay Seller Successfully Fights False VeRO Claim   eBay Seller Successfully Fights False VeRO Claim

This user has validated their user name. by: eXtinctBay

Mon Feb 13 12:34:30 2017

There is an excellent tutorial online (which has more details than tabberone) which shows exactly how to beat most VERO claims.

If you are attempting to sell a reproduced copy of copyrighted material or something that is trademarked, in these cases you will never win. So (some) of the VERO claims are indeed valid.

But most of them are basically nothing except scare tactics. If the First Sale Doctrine (look it up- it is a very old law) is mentioned, the Boy Scouts who file these claims for the manufacturers will not pursue the matter any further.  

When a VERO counter-claim is filed, the company who filed the claim must initiate a lawsuit within a certain amount of time. If this does not happen, eBay will automatically relist the item in question.

It is simply not worth the time and effort to a company to sue a single seller for offering just one of their items, no matter which threats their representatives issue.

eBay Seller Successfully Fights False VeRO Claim   eBay Seller Successfully Fights False VeRO Claim

by: Snapped This user has validated their user name.

Mon Feb 13 17:11:12 2017

VERO is the truck that mows down the pedestrian seller in the crosswalk.  The seller may certainly 'win' with a counter-claim, but the injury remains, and is sometimes fatal.

AKA being 'dead right', as it usually takes so much time (not to mention seller effort that could be expended elsewhere), to clear the listing of constraints, that any potential buyers are now gone and new one's have to be re-interested.  Punative Violation notice removal has to be fought for, and God forbid it still be 'effective' if another truck comes along.

As for the truck drivers?  They don't even stop and are not even ticketed.  

Law of gross tonnage.  Emphasis on gross.

eBay Seller Successfully Fights False VeRO Claim   eBay Seller Successfully Fights False VeRO Claim

by: mcposty This user has validated their user name.

Tue Feb 14 10:41:45 2017

Amazon will suspend you for one false claim. It doesn't matter if it came from a dog...Amazon are horrible and do not deserve our patronage.

eBay Seller Successfully Fights False VeRO Claim   eBay Seller Successfully Fights False VeRO Claim

This user has validated their user name. by: Rexford

Tue Feb 14 11:52:22 2017

"but Dewalt never responded"

That adds insult to injury. Many of these companies won't respond because they don't want you selling their goods. Follow the process and persevere.



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